By and through this chapter, and in conformity with applicable
federal and state laws, the Town of Kennebunkport establishes a municipal
program to enable its citizens to participate in a Property Assessed
Clean Energy ("PACE") program so that owners of qualifying property
can access financing for energy saving improvements to their properties
located in the Town of Kennebunkport.
The Town of Kennebunkport enacts this chapter pursuant to Public
Law 2009, Chapter 591 of the 124th Maine State Legislature, "An Act
To Increase the Affordability of Clean Energy for Homeowners and Businesses,"
also known as "the Property Assessed Clean Energy Act" or "the PACE
Act" (codified at 35-A M.R.S.A. § 10151 et seq.).
This chapter shall be known and may be cited as the "Town of
Kennebunkport Property Assessed Clean Energy (PACE) Ordinance" (the
"ordinance").
Except as specifically defined below, words and phrases used
in this chapter shall have their customary meanings; as used in this
chapter, the following words and phrases shall have the meanings indicated:
ENERGY SAVING IMPROVEMENT
An improvement to qualifying property that is new and permanently
affixed to qualifying property and that:
A.
Will result in increased energy efficiency and substantially
reduced energy use and:
(1)
Meets or exceeds applicable United States Environmental Protection
Agency and United States Department of Energy Energy Star Program
or similar energy efficiency standards established or approved by
the Trust; or
(2)
Involves air sealing, insulating, and other energy efficiency
improvements of residential, commercial or industrial property in
a manner approved by the Trust; or
B.
Involves a renewable energy installation or an electric thermal
storage system that meets or exceeds standards established or approved
by the Trust.
PACE AGREEMENT
An agreement between the owner of qualifying property and
the Trust that authorizes the creation of a PACE mortgage on qualifying
property and that is approved, in writing, by all owners of the qualifying
property at the time of the agreement, other than mortgage holders.
PACE ASSESSMENT
An assessment made against qualifying property to repay a
PACE loan.
PACE DISTRICT
The area within which the municipality establishes a PACE
program hereunder, which is all that area within the municipality's
boundaries.
PACE LOAN
A loan, secured by a PACE mortgage, made to the owner(s)
of a qualifying property pursuant to a PACE program to fund energy
saving improvements.
PACE MORTGAGE
A mortgage securing a loan made pursuant to a PACE program
to fund energy saving improvements on qualifying property.
PACE PROGRAM
A program established under state statute by the Trust or
a municipality under which property owners can finance energy saving
improvements on qualifying property.
RENEWABLE ENERGY INSTALLATION
A fixture, product, system, device or interacting group of
devices installed behind the meter at a qualifying property, or on
contiguous property under common ownership, that produces energy or
heat from renewable sources, including, but not limited to, photovoltaic
systems, solar thermal systems, biomass systems, including but not
limited to masonry stoves and wood pellet systems, landfill gas to
energy systems, geothermal systems, wind systems, and any other systems
eligible for funding under federal Qualified Energy Conservation Bonds
or federal Clean Renewable Energy Bonds.
[Amended 11-3-2020]
TRUST
The Efficiency Maine Trust established in 35-A M.R.S.A. § 10103
and/or its agent(s), if any.